THE PEACEFUL USES OF OUTER SPACE

Transcription

1 THE PEACEFUL USES OF OUTER SPACE 27 CHAPTER II THE PEACEFUL USES OF OUTER SPACE During 1967, a number of questions concerning the peaceful uses of outer space were discussed in various United Nations bodies. Following a General Assembly decision of 19 December 1966, 1 the Legal Sub-Committee of the Assembly's Committee on the Peaceful Uses of Outer Space continued its work on the elaboration of an international agreement on liability for damages caused by the launching of objects into outer space. It approved the text of the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, and also began a study of questions concerning the definition of outer space and the utilization of outer space and celestial bodies, including the various implications of space communications. Scientific and technical aspects of the peaceful uses of outer space were also considered, and recommendations were made to the Assembly by the Committee on the Peaceful Uses of Outer Space, based on the work of its Scientific and Technical Sub-Committee and of the Working Group on a Navigation Services Satellite System. Four resolutions concerning these various questions were adopted by the General Assembly in In a resolution adopted on 23 May 1967, the Assembly decided that the International Conference on the Exploration and Peaceful Uses of Outer Space should be postponed from September 1967, as had originally been planned, and that it should be held in Vienna, Austria, from 14 to 27 August (See p. 36 for details.) On 3 November 1967, the Assembly adopted two resolutions on the question of the peaceful uses of outer space. By one, it requested the Committee on the Peaceful Uses of Outer Space to continue its work and to report to the Assembly at its twenty-third (1968) session. (See pp. 28 and 38 for details.) By the other resolution, the Assembly expressed the hope that all those invited to the International Conference on Outer Space would accept the invitation and devote their utmost efforts to ensure the success of the Conference. (See pp for details.) By the fourth resolution which it adopted in 1967, the Assembly commended the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, requested the Depositary Governments to open this Agreement for signature and ratification at the earliest possible date and expressed the hope that there would be the widest possible adherence to the Agreement. (See p. 28 for details.) 1 See Y.U.N., 1966, pp , text of resolution 2222(XXI). LEGAL ASPECTS OF THE PEACEFUL USES OF OUTER SPACE During 1967, the year which saw the entering into force of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, the following legal problems involved in the exploration and use of outer space were discussed in United Nations bodies: (1) assistance to and return of astronauts and space vehicles; (2) liability for damage caused by the launching of objects into outer space; and (3) questions concerning the definition of outer space, and the utilization of outer space and celestial bodies, including the various implications of space communications. The discussions first took place at the sixth session of the Legal Sub-Committee of the General Assembly's Committee on the Peaceful Uses of Outer Space, held in Geneva, Switzerland, between 19 June and 14 July. In its report to the Outer Space Committee, the Sub-Committee recorded a number of points on which agree-

2 28 POLITICAL AND SECURITY QUESTIONS ment had been reached and outlined the difficulties which stood in the way of reaching agreement on other issues. Between 13 and 15 September 1967, the Committee on the Peaceful Uses of Outer Space held its tenth session at United Nations Headquarters, New York. In its report to the General Assembly's twenty-second session, the Committee, among other things, expressed hope that the Legal Sub-Committee would be able to make more progress in the future on the issues it had been discussing. The Outer Space Committee's report to the Assembly was considered mainly in the Assembly's First Committee, which also had before it a draft resolution sponsored by Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Chad, Czechoslovakia, France, Hungary, India, Iran, Italy, Japan, Lebanon, Mexico, Mongolia, Morocco, Poland, Romania, Sierra Leone, Sweden, the USSR, the United Arab Republic, the United Kingdom and the United States. This draft resolution was adopted unanimously in the First Committee on 26 October On 3 November, it was adopted unanimously at a plenary meeting of the Assembly as resolution 2260(XXII). By this resolution, the General Assembly, among other things: endorsed the recommendations and decisions contained in the report of the Committee on the Peaceful Uses of Outer Space, and requested the Committee to continue with a sense of urgency its work on the elaboration of an agreement on liability for damage caused by the launching of objects into outer space and an agreement on assistance to and return of astronauts and space vehicles, and to pursue actively its work on questions concerning the definition of outer space and the utilization of outer space and celestial bodies, including the various implications of space communications. (Other parts of the text dealt with scientific and technical aspects of the peaceful uses of outer space. For further details, see p. 38.) (For text of resolution 2260(XXII), see DOCU- MENTARY REFERENCES below. ) On 14 and 15 December 1967, the Legal Sub- Committee met in special session, in New York, where it approved an Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space. The Committee on the Peaceful Uses of Outer Space approved the Agreement on 16 December, recommending it to the General Assembly for further action. At a plenary meeting on 19 December, the General Assembly considered a draft resolution commending the Agreement. It unanimously adopted the text, to which the Agreement was annexed, as resolution 2345 (XXII). By this resolution, the General Assembly, among other things: (a) commended the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space; (b) requested the Depositary Governments to open the Agreement for signature and ratification at the earliest possible date; (c) expressed its hope for the widest possible adherence to the Agreement; and (d) called upon the Committee on the Peaceful Uses of Outer Space to complete the preparation of the draft agreement on liability for damage caused by the launching of objects into outer space urgently and, in any event, not later than at the beginning of the twenty-third (1968) session of the General Assembly, and to submit it to the Assembly at that session. (For text of resolution, see DOCU- MENTARY REFERENCES below.) The sponsors of the resolution were: Argentina, Australia, Austria, Bulgaria, Burundi, Canada, Chad, Czechoslovakia, Hungary, Italy, Lebanon, Liberia, Mongolia, Morocco, Poland, the USSR and the United States. A summary follows of the main points discussed in the Committee on the Peaceful Uses of Outer Space and its Legal Sub-Committee and by the General Assembly. ASSISTANCE TO AND RETURN OF ASTRONAUTS AND SPACE VEHICLES Discussion of the question of assistance to and return of astronauts and space vehicles was continued at the sixth session of the Legal Sub- Committee on the basis of three draft agreements which had been submitted in previous years by the USSR, by the United States and, jointly, by Australia and Canada.

3 Before the session, the USSR, Australia and Canada had revised their respective drafts while the United States had introduced some modifications in its proposal. The texts of the three proposals were referred to the Sub-Committee's working group, which discussed the scope of the draft agreement and considered the questions of general duty under the agreement (i.e., the rendering of all possible assistance to an astronaut in distress), notification of accident, assistance in the territory of a contracting party, assistance outside the territory of any State, duty to return the personnel of spacecraft, return of space objects and reimbursement of expenses. In the course of the working group's discussions, amendments were submitted by Argentina, Australia, Italy, the United Kingdom, the USSR and the United States. The Sub-Committee agreed on two articles of the proposed agreement, namely, article 1, concerning the notification of accident, and article 2, pertaining to assistance in the territory of a contracting party. This agreement, as well as the points on which agreement had not been reached, were reported by the Sub- Committee to the Committee on the Peaceful Uses of Outer Space. On 14 December 1967, the Legal Sub-Committee was reconvened to consider at a special session a draft Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space. This draft was put before the Sub-Committee as a working paper at the request of the USSR and the United States. Addressing the session, the Chairman of the Sub-Committee said that, in response to the General Assembly's resolution of 3 November 1967 calling for early conclusion of the agreements on rescue of astronauts and liability for damages (see above), a series of informal consultations had been held among members of the Sub-Committee, as a result of which a significant rapprochement of views had taken place on a number of provisions of the agreement on assistance to and return of astronauts and space vehicles. Commenting on the importance of the agreement in humanitarian terms, the USSR representative emphasized that the draft was intended to give further concrete expression to THE PEACEFUL USES OF OUTER SPACE 29 the provisions of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, which had been signed by nearly all States. The draft text was based on the principle of the sovereign equality of States and their complete and exclusive sovereignty within the borders of their national territory, and took into account the interests of all countries. The representative of the United States stressed the importance of the agreement for all States and said that interest in such an agreement was not confined to space powers. The USSR and the United States, as cosponsors of the draft agreement, urged the Sub- Committee to approve and present it without delay to the Committee on the Peaceful Uses of Outer Space. In the course of the debate, a number of representatives welcomed the progress made and stressed that an agreement on assistance to and return of astronauts and space vehicles was closely inter-related with the Sub-Committee's work on a convention on liability for damage caused by objects launched into outer space. There was extensive discussion of that part of article 2 of the draft text which provided that the contracting party should co-operate with the launching authority in the conduct of search and rescue operations. A number of delegations felt that this provision which, they said, affected the sovereignty and security of States was unclear. India and Iran observed, for instance, that the draft did not say how the need for the launching authority's participation would be determined. France suggested that the relevant wording of the Chicago Convention of 1944 on International Civil Aviation should be used so that article 2 would provide that search and rescue operations should be subject to the direction of the contracting party. If the assistance of the launching authority was required, France pointed out, it would be requested, and the contracting party would co-operate with the former. Argentina, Australia, Austria, Brazil, Canada, Italy and Sweden also favoured re-drafting article 2.

4 30 POLITICAL AND SECURITY QUESTIONS On this question, the United States observed that in the unlikely event that the contracting party and the launching authority did not agree, the former would have the final say in the matter. The representative of France proposed an amendment to article 2 which would provide that the launching authority should co-operate with the contracting party. He observed that with the obligations thus reversed, the control of the contracting party over its territory would no longer be subject to the action of the launching authority. This amendment was accepted. The United Kingdom proposed, with regard to article 6, that an international organization should be regarded as a launching authority for the purposes of the agreement on certain conditions. The international organization should be prepared, the United Kingdom continued, to abide by the provisions of the agreement and a majority of the members of the organization should be parties to the agreement and to the Treaty on the Peaceful Uses of Outer Space. As a result of informal consultations, article 6 was amended to take into account the suggestion made by the United Kingdom. Amendments were made to article 5 of the draft text which included provisions to the following effect: (1) the launching authority should render assistance if requested by the contracting party in the recovery of the space object or component parts discovered on the territory of the latter State; (2) as an alternative to the return of space objects found beyond the territorial limits of the launching authority, such objects could be held at the disposal of the launching authority; and (3) on the question of reimbursement, a clarification was made to the effect that the expenses incurred as a result of the recovery and return operations should be borne by the launching authority. The Sub-Committee approved the draft agreement and in transmitting it to the Committee on the Peaceful Uses of Outer Space, declared that it recognized the importance of the relationship between an agreement on assistance to and return of astronauts and space vehicles and an agreement on liability for damage caused by the launching of objects into outer space. The Sub-Committee further expressed the view that, the preparation of the first agreement having been completed, it should expedite its work on the second agreement, which was equally important. The Sub-Committee recommended for urgent consideration by the Committee on the Peaceful Uses of Outer Space the text of the draft agreement. Addressing the Committee on the Peaceful Uses of Outer Space at its special session on 16 December 1967, the Chairman of the Sub- Committee commented that the draft agreement reflected a carefully designed balance between the legitimate interests of the party on whose territory the search and rescue operations were conducted and those of the launching authority. He stressed that the prompt rescue of, and all possible assistance to, astronauts suffering accidents or experiencing other unfavourable conditions specified under the draft agreement was a major preoccupation of all nations, not only from the point of view of humanity but also because man's space endeavour served the interests of all. He also emphasized the importance of the agreement as another stage in the process of the gradual development of the law of outer space. The Outer Space Committee accepted a drafting change in paragraph 4 of article 5. as proposed by Sierra Leone, in order to make the language of the paragraph more consistent with a similar provision contained in article IX of the Outer Space Treaty of Following approval of the amended draft agreement, the Committee submitted it to the General Assembly which, by its resolution 2345 (XXII) of 19 December 1967, commended the Agreement, asking the Depositary Governments to open it for signature and ratification at the earliest possible date. (See above, p. 28, for summary of resolution.) LIABILITY FOR DAMAGE CAUSED BY OBJECTS LAUNCHED INTO OUTER SPACE The question of drafting an agreement on liability for damage caused by objects launched into outer space was again discussed by the Legal Sub-Committee in For text of Outer Space Treaty, see Y.U.N., 1966, pp

5 The Sub-Committee had before it three draft conventions on the subject: a revised draft convention submitted by Belgium; a draft convention submitted by the United States in place of its previous draft convention; and a draft convention submitted to the Sub-Committee in 1965 by Hungary. 3 The revised Belgian draft would exclude from the scope of the convention damage caused by space devices to one another. Provisions of the draft pertaining to definitions, international organizations and the presentation of claims were also changed. The new United States text provided, among other things, that the convention would not apply to damage caused to persons or property within a launch facility or immediate recovery area and that a State should not be liable for damage suffered by nationals of other respondent States or by juridical persons beneficially owned by such nationals, to the extent of such ownership. By the new United States draft, countries which might co-operate in launching could agree in advance on the terms for the sharing of their liability. Hungary introduced amendments to its 1965 draft text consequent upon the signing of the Outer Space Treaty of In particular, the Hungarian text was redrafted to make liable a State or international organization which procured (arranged for) the launching or the State from whose territory or facility the launching was made. This was done to bring the text into conformity with article VII of the Outer Space Treaty of During the Sub-Committee's discussion, proposals were submitted on the following points: (i) definition of the term "space vehicle"; (ii) procedures for the settlement of claims for compensation under the convention; and (iii) definition of the term "damage." Proposals on the first two points were submitted by Argentina, and proposals on the third point were put forward by Canada and by India. The three draft conventions were considered in a working group of the Sub-Committee where further proposals were made. Thus, Poland proposed the inclusion, in article VII of the Hungarian draft, of provisions concerning THE PEACEFUL USES OF OUTER SPACE 31 the application of the convention to international organizations which engaged in activities in outer space. The United Kingdom proposed an amendment to the United States draft, concerning the liability of States which were members of international organizations and also contracting parties to the convention. On the question of the liability of States and/or international organizations participating in joint space activities, proposals were made by Argentina and Italy and by France. Italy also submitted certain proposals on the question of definitions, field of application, and the nature of liability. The Sub-Committee reported to the Committee on the Peaceful Uses of Outer Space as follows on the points on which it had reached agreement and those on which it had not. (1) It had been provisionally agreed that "damage" meant loss of life, personal injury or other impairment of health, or damage to property of States or of their persons, natural or juridical, or of international organizations. No agreement was reached on the inclusion of indirect damage and delayed damage in the definition. (2) The term "launching" should include "attempted launching." In defining the term "launching State" the following elements should be included: (a) the State which launched or attempts to launch the space object or the space device; ( b ) the State from whose territory the space object or the space device was launched; and (c) the State from whose facility the space object or space device was launched. The question as to whether the State referred to in ( b ) and ( c ) above should be liable primarily, or only secondarily (if the State referred to in (a) above could not be identified), was left for further consideration. (3) The provisions of the convention should not apply to damages sustained by: (a) nationals of the launching State; ( b ) foreign nationals in the immediate vicinity of a planned launching or recovery area as the result of an invitation by the launching State. No agreement was reached on whether the convention should apply to damages sustained by: (a) persons who were permanent residents but not nationals of the applicant State; ( b ) a spacecraft and its personnel during launching, transit or descent. The launching State should be absolutely liable to pay compensation for damage caused on the surface of the Earth and to aircraft in flight. No agreement was reached as to whether the launching State should, 3 See Y.U.N., 1964, pp , and Y.U.N., 1965, pp , for summary of earlier proposals. 4 For text of Outer Space Treaty, see Y.U.N., 1966, pp

6 32 POLITICAL AND SECURITY QUESTIONS on proof of fault, be liable to pay compensation for damage to space objects which have left the surface of the Earth. (4) International organizations that launched objects into outer space should be liable under the convention for damage caused by such activities. No agreement was reached on the question as to whether the liability of the States members of the international organization that were parties to the liability convention should be residual and arise only in the event of default by the international organization, or should arise at the same time as the liability of the international organization. Nor was agreement reached on the question of the rights of international organizations under the convention. (5) A claim might be presented not later than one year following the date of the occurrence of the accident or the identification of the party that was liable. If the applicant State did not know of the facts giving rise to the claim within the aforementioned one-year period, it might present a claim within one year following the date on which it learned of the facts; however, this period should in no event exceed one year following the date on which the applicant State could reasonably be expected to have learned of the facts through the exercise of due diligence. The abovementioned time-limits would apply even if the full extent of the damage might not be known. In this event, however, the applicant State would be entitled to revise its claim and submit additional documentation beyond the above-mentioned time-limits until one year after the full extent of such damage was known. (6) A claim might be presented by the applicant State through the diplomatic channel. Presentation of a claim under the convention would not require the prior exhaustion of any local remedies that might be available in the launching State. In the event the applicant State did not have diplomatic relations with DOCUMENTARY REFERENCES the launching State, the former might request a third State to present its claim and otherwise represent its interests. (7) If a claim presented under the convention was not settled within six months from the date on which the applicant State completed its documentation, the applicant State might refer the matter to an arbitral commission. DEFINITION OF OUTER SPACE AND USE OF OUTER SPACE AND CELESTIAL BODIES The questions of defining outer space and of the utilization of outer space and celestial bodies, including the various implications of space communications, were also discussed in 1967 by the Legal Sub-Committee of the Outer Space Committee. On the basis of a French proposal, the Sub- Committee approved a questionnaire to be sent: to the Scientific and Technical Sub-Committee. Among other things, it thereby invited the Scientific and Technical Sub-Committee: (i) to draw up a list of scientific criteria that could be helpful in a study concerning a definition of outer space; (ii) to give its views on the selection of scientific and technical criteria that might be adopted by the Legal Sub-Committee ; and (iii) to indicate, on scientific and technical grounds, the advantages and disadvantages of each criterion in relation to the possibility of a definition which would be valid for the longterm future. GENERAL ASSEMBLY 22ND SESSION First Committee, meetings , Plenary Meetings 1594, A/6804. Report of Committee on Peaceful Uses of Outer Space, Annex III: Report of Legal Sub- Committee on work of its 6th session, United Nations, New York, 19 June-14 July A/C.1/L.402 and Add.1,2. Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Chad, Czechoslovakia, France, Hungary, India, Iran, Italy, Japan, Lebanon, Mexico, Mongolia, Morocco, Poland, Romania, Sierra Leone, Sweden, USSR, United Arab Republic, United Kingdom, United States: draft resolution, adopted unanimously by First Committee on 26 October 1967, meeting A/6883. Report of First Committee, draft resolution I. RESOLUTION 2260(xxii), as submitted by First Committee, A/6883, adopted unanimously by Assembly on 3 November 1967, meeting "The General Assembly, "Recalling its resolutions 2222(XXI) and 2223 (XXI) of 19 December 1966, "Having considered the report of the Committee on the Peaceful Uses of Outer Space, "Noting that the first decade of man's activities in outer space, inaugurated by the launching of the first artificial earth satellite, has opened up the prospect of a wider utilization of outer space for the benefit of all peoples, "Welcoming the recent entry into force of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, "Considering that the exploration and use of outer space contribute to the acceleration of progress in many fields of science and technology having immediate practical significance for all countries, "Reaffirming the general interest of mankind in the further exploration and use of outer space for peaceful purposes,

7 "Convinced that the widest possible co-operation in the exploration and use of outer space can be an important contributing factor to friendly relations among States, "1. Endorses the recommendations and decisions contained in the report of the Committee on the Peaceful Uses of Outer Space; "2. Calls upon those countries which have not signed the Treaty on Principles Governing the Activities of States in the Exploration and Peaceful Uses of Outer Space, including the Moon and Other Celestial Bodies, to accede to the Treaty so that it can have the broadest possible effect; "3. Commends the space programmes in effect between many Members States and recommends such programmes to the attention of other States; "4. Welcomes the efforts of a number of Member States to keep the Committee on the Peaceful Uses of Outer Space fully informed of their activities and notes in particular the report presented by the Government of India entitled 'Satellite communications: an Indian study' ; "5. Approves the continuing sponsorship by the United Nations of the Thumba Equatorial Rocket Launching Station and recommends that Member States give consideration to the use of these facilities for appropriate space research activities; "6. Endorses the decision of the Committee on the Peaceful Uses of Outer Space to appoint a small group of scientists to visit the sounding rocket station near Mar del Plata, Argentina, when it is operative, in order to advise the Committee on the station's eligibility for United Nations sponsorship in accordance with the basic principles endorsed by the General Assembly in resolution 1802(XVII) of 14 December 1962; "7. Notes with appreciation the report of the Working Group of the Committee on the Peaceful Uses of Outer Space on a navigation services satellite system and endorses the suggestion that the International Civil Aviation Organization and the Inter- Governmental Maritime Consultative Organization, as well as other specialized agencies and interested international governmental and non-governmental organizations, should continue to study the requirements for potential applications for navigation services satellite systems in their areas of competence and make their reports on this subject available to the Committee on the Peaceful Uses of Outer Space; "8. Expresses its appreciation of the work of the specialized agencies in the field of outer space, in particular the World Weather Watch programme of the World Meteorological Organization and the progress made by the International Telecommunication Union in the study of technical problems and the technical assistance rendered by that agency during the planning and testing of the Experimental Satellite Communications Earth Station at Ahmedabad, India, and invites these organizations to make progress reports to the Committee on the Peaceful Uses of Outer Space in 1968; "9. Requests the Committee on the Peaceful Uses of Outer Space, in the further progressive development of the law of outer space, to continue with a sense of THE PEACEFUL USES OF OUTER SPACE 33 urgency its work on the elaboration of an agreement on liability for damage caused by the launching of objects into outer space and an agreement on assistance to and return of astronauts and space vehicles, and to pursue actively its work on questions relative to the definition of outer space and the utilization of outer space and celestial bodies, including the various implications of space communications; "10. Urges the Committee on the Peaceful Uses of Outer Space to continue its activities aimed at increasing the exchange of information in matters relating to outer space and calls upon all Member States to co-operate fully in this endeavour; "11. Requests the Committee on the Peaceful Uses of Outer Space to start at its next session the serious consideration of the suggestions and views regarding education and training in the field of the exploration and peaceful uses of outer space expressed in the General Assembly and in the Committee; "12. Urges the Committee on the Peaceful Uses of Outer Space to consider further the question of the applications of satellite technology which would create benefits for mankind through their implementation on an international basis; "13. Requests the Committee on the Peaceful Uses of Outer Space to study the technical feasibility of communications by direct broadcasts from satellites and the current and foreseeable developments in this field, as well as the implications of such developments; "14. Requests the Committee on the Peaceful Uses of Outer Space to continue its work as set out in the present resolution and in previous General Assembly resolutions and to report to the Assembly at its twentythird session." A/AC.105/43. Report of Legal Sub-Committee on work of its special session, December 1967, United Nations, New York. A/6408/Add.l. Addendum to report of Committee on Peaceful Uses of Outer Space. A/L.544 and Add.l. Argentina, Australia, Austria, Bulgaria, Burundi, Canada, Chad, Czechoslovakia, Hungary, Italy, Lebanon, Liberia, Mongolia, Morocco, Poland, USSR, United States: draft resolution. RESOLUTION 2345 (xxii), as proposed by 17 powers, A/L.544, adopted unanimously by Assembly on 19 December 1967, meeting "The General Assembly, "Bearing in mind its resolution 2260(XXII) of 3 November 1967, which calls upon the Committee on the Peaceful Uses of Outer Space to continue with a sense of urgency its work on the elaboration of an agreement on liability for damage caused by the launching of objects into outer space and an agreement on assistance to and return of astronauts and space vehicles, "Referring to the addendum to the report of the Committee on the Peaceful Uses of Outer Space, "Desiring to give further concrete expression to the rights and obligations contained in the Treaty on Principles Governing the Activities of States in the Ex-

8 34 POLITICAL AND SECURITY QUESTIONS ploration and Use of Outer Space, including the Moon and Other Celestial Bodies, "1. Commends the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, the text of which is annexed to the present resolution; "2. Requests the Depositary Governments to open the Agreement for signature and ratification at the earliest possible date; "3. Expresses its hope for the widest possible adherence to this Agreement; "4. Calls upon the Committee on the Peaceful Uses of Outer Space to complete urgently the preparation of the draft agreement on liability for damage caused by the launching of objects into outer space and, in any event, not later than the beginning of the twentythird session of the General Assembly, and to submit it to the Assembly at that session." ANNEX "AGREEMENT ON THE RESCUE OF ASTRONAUTS, THE RETURN OF ASTRONAUTS AND THE RETURN OF OBJECTS LAUNCHED INTO OUTER SPACE "The Contracting Parties, "Noting the great importance of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, which calls for the rendering of all possible assistance to astronauts in the event of accident, distress or emergency landing, the prompt and safe return of astronauts, and the return of objects launched into outer space, "Desiring to develop and give further concrete expression to these duties, "Wishing to promote international co-operation in the peaceful exploration and use of outer space, "Prompted by sentiments of humanity, "Have agreed on the following: Article 1 "Each Contracting Party which receives information or discovers that the personnel of a spacecraft have suffered accident or are experiencing conditions of distress or have made an emergency or unintended landing in territory under its jurisdiction or on the high seas or in any other place not under the jurisdiction of any State shall immediately: "(a) Notify the launching authority or, if it cannot identify and immediately communicate with the launching authority, immediately make a public announcement by all appropriate means of communication at its disposal; "(b) Notify the Secretary-General of the United Nations, who should disseminate the information without delay by all appropriate means of communication at his disposal. Article 2 "If, owing to accident, distress, emergency or unintended landing, the personnel of a spacecraft land in territory under the jurisdiction of a Contracting Party, it shall immediately take all possible steps to rescue them and render them all necessary assistance. It shall inform the launching authority and also the Secretary- General of the United Nations of the steps it is taking and of their progress. If assistance by the launching authority would help to effect a prompt rescue or would contribute substantially to the effectiveness of search and rescue operations, the launching authority shall co-operate with the Contracting Party with a view to the effective conduct of search and rescue operations. Such operations shall be subject to the direction and control of the Contracting Party, which shall act in close and continuing consultation with the launching authority. Article 3 "If information is received or it is discovered that the personnel of a spacecraft have alighted on the high seas or in any other place not under the jurisdiction of any State, those Contracting Parties which are in a position to do so shall, if necessary, extend assistance in search and rescue operations for such personnel to assure their speedy rescue. They shall inform the launching authority and the Secretary-General of the United Nations of the steps they are taking and of their progress. Article 4 "If, owing to accident, distress, emergency or unintended landing, the personnel of a spacecraft land in territory under the jurisdiction of a Contracting Party or have been found on the high seas or in any other place not under the jurisdiction of any State, they shall be safely and promptly returned to representatives of the launching authority. Article 5 "1. Each Contracting Party which receives information or discovers that a space object or its component parts has returned to Earth in a territory under its jurisdiction or on the high seas or in any other place not under the jurisdiction of any State, shall notify the launching authority and the Secretary- General of the United Nations. "2. Each Contracting Party having jurisdiction over the territory on which a space object or its component parts has been discovered shall, upon the request of the launching authority and with assistance from that authority if requested, take such steps as it finds practicable to recover the object or component parts. "3. Upon request of the launching authority, objects launched into outer space or their component parts found beyond the territorial limits of the launching authority shall be returned to or held at the disposal of representatives of the launching authority, which shall, upon request, furnish identifying data prior to their return. "4. Notwithstanding paragraphs 2 and 3 of this article, a Contracting Party which has reason to believe that a space object or its component parts discovered in territory under its jurisdiction, or recovered by it elsewhere, is of a hazardous or deleterious nature may so notify the launching authority, which shall

9 immediately take effective steps, under the direction and control of the said Contracting Party, to eliminate possible danger of harm. "5. Expenses incurred in fulfilling obligations to recover and return a space object or its component parts under paragraphs 2 and 3 of this article shall be borne by the launching authority. Article 6 "For the purposes of this Agreement, the term "launching authority" shall refer to the State responsible for launching, or, where an international intergovernmental organization is responsible for launching, that organization, provided that that organization declares its acceptance of the rights and obligations provided for in this Agreement and a majority of the States members of that organization are Contracting Parties to this Agreement and to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. THE PEACEFUL USES OF OUTER SPACE 35 Article 7 "1. This Agreement shall be open to all States for signature. Any State which does not sign this Agreement before its entry into force in accordance with paragraph 3 of this article may accede to it at any time. "2. This Agreement shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland and the United States of America, which are hereby designated the Depositary Governments. "3. This Agreement shall enter into force upon the deposit of instruments of ratification by five Governments including the Governments designated as Depositary Governments under this Agreement. "4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Agreement, it shall enter into force on the date of the deposit of their instruments of ratification or accession. "5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification of and accession to this Agreement, the date of its entry into force and other notices. "6. This Agreement shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations. Article 8 "Any State Party to the Agreement may propose amendments to this Agreement. Amendments shall enter into force for each State Party to the Agreement accepting the amendments upon their acceptance by a majority of the States Parties to the Agreement and thereafter for each remaining State Party to the Agreement on the date of acceptance by it. Article 9 "Any State Party to the Agreement may give notice of its withdrawal from the Agreement one year after its entry into force by written notification to the Depositary Governments. Such withdrawal shall take effect one year from the date of receipt of this notification. Article 10 "This Agreement, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Agreement shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States. "IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Agreement." A/AC.105/TREATY.INF/1. Information furnished in conformity with article XI of Treaty on Principles Governing Activities of States in Exploration and Use of Outer Space, including Moon and Other Celestial Bodies. Letter of 27 October 1967 from United States. OTHER PUBLICATIONS International Space Bibliography (A/AC. 105/33 and Corr.1). U.N.P. Sales No.:66.I.21. International Directory of Facilities for Education and Training in Basic Subjects related to Peaceful Uses of Outer Space. Report of Secretary-General (A/AC. 105/41). U.N.P Sales No.:E.68.I.4. SCIENTIFIC AND TECHNICAL ASPECTS OF THE PEACEFUL USES OF OUTER SPACE During 1967, various matters pertaining to the scientific and technical aspects of the peaceful uses of outer space were considered by the General Assembly's Committee on the Peaceful Uses of Outer Space, its Scientific and Technical Sub-Committee and its Working Group on a Navigation Services Satellite System and by the General Assembly. On 23 May 1967, the Assembly decided to postpone the United Nations Conference on the Exploration and Peaceful Uses of Outer Space (due to be held in Vienna, Austria) from September 1967 until August At its twenty-second regular session, the Assembly urged all States invited to take part in the Conference to accept the invitation. The Assembly also adopted a resolution dealing with various scientific and technical aspects of the peaceful uses of outer space.

10 36 POLITICAL AND SECURITY QUESTIONS INTERNATIONAL CONFERENCE ON EXPLORATION AND PEACEFUL USES OF OUTER SPACE On 19 December 1966, the General Assembly had decided that the International Conference on the Exploration and Peaceful Uses of Outer Space should be held in Vienna from 11 to 23 December At the ninth session of the Committee on the Peaceful Uses of Outer Space, which opened on 13 February 1967, the Chairman of the Committee announced that "a suggestion has come to the attention of the Committee that the postponement of the United Nations Conference on the Exploration and Peaceful Uses of Outer Space for a period of approximately one year might allow for a better preparation of the Conference in a manner which would improve the results of the Conference for all participants." Following discussion, the Committee unanimously agreed to recommend to the General Assembly that the Conference should be postponed for a period of approximately one year. On 23 May 1967, at its fifth special session, the General Assembly agreed to this recommendation. It did so in adopting resolution 2250(S-V) without objection, on the proposal of Argentina, Australia, Austria, Brazil, Bulgaria, Canada, Czechoslovakia, France, Hungary, India, Iran, Italy, Japan, Lebanon, Mongolia, Morocco, Poland, Romania, Sweden, the USSR, the United Arab Republic, the United Kingdom, and the United States. By this resolution, the Assembly decided that the Conference should be held in Vienna from 14 to 27 August It also reaffirmed the guidance laid down in its resolution of 19 December concerning the Conference. In addition, the Assembly urged all countries participating in the Conference to devote their utmost efforts to ensure its success, and requested the Outer Space Committee to submit a report on the Conference to the twenty-third (1968) session of the General Assembly. (For text of resolution, see DOCUMENTARY REFER- ENCES below.) The International Conference on the Exploration and Peaceful Uses of Outer Space was again considered, later in 1967, at the Assembly's twenty-second session. Discussion took place in the Assembly's First Committee, which had before it a draft resolution whereby the Assembly would: reaffirm its belief that it was in the interest of all countries, particularly the developing countries, that knowledge and understanding of the achievements of space science and technology should be more widely disseminated and that the practical application of space technology should be actively promoted; state its belief that the widest possible participation in the Conference by the developing countries was highly desirable; express the hope that all those invited to the Conference would accept the invitation; call upon all participating States to devote their utmost efforts to ensure the success of the Conference by the fullest possible achievement of its objectives as set forth by the Assembly on 19 December 1966; 7 and request the Secretary-General to continue to make the necessary organizational and administrative arrangements for the Conference, and to take appropriate steps to secure the widest publicity for it. The text to this effect was proposed by Argentina, Austria, Brazil, Canada, India, Iran, Japan, Lebanon, Mexico, Poland, Sierra Leone, the United Arab Republic and Yugoslavia. Canada, introducing the proposal, said that papers prepared for the Vienna Conference would deal with practical applications of space research and problems relevant to useful international co-operation. It was hoped that the Conference would help to make the "spin-off" from space technology available to the developing countries for their specific needs in day-today life, and it was therefore highly desirable that the developing countries participate as widely as possible in the Conference. 5 See Y.U.N., 1966, pp , text of resolution 2221 (XXI). For further information on the proposals for a Conference on the Peaceful Uses of Outer Space, see Y.U.N., 1964, pp ; Y.U.N., 1965, pp ; and Y.U.N., 1966, pp See Y.U.N., 1966, pp , text of resolution 2221 (XXI). 7 Ibid.

11 On 26 October, the First Committee approved the draft resolution by acclamation, and at a plenary meeting on 3 November 1967, the Assembly unanimously adopted the text recommended by the First Committee as resolution 2261 (XXII). (For text, see DOCUMENTARY REFERENCES below.) REPORTS OF SCIENTIFIC AND TECHNICAL SUB-COMMITTEE AND COMMITTEE ON PEACEFUL USES OF OUTER SPACE At its fifth session, held at United Nations Headquarters, New York, between 28 August and 6 September 1967, the Scientific and Technical Sub-Committee of the Committee on the Peaceful Uses of Outer Space, among other things, discussed, in response to a request made by the Committee's Legal Sub-Committee, the question of the definition of outer space. (See above, p. 32). The Sub-Committee reached a consensus that it was not possible at the present time to identify scientific or technical criteria permitting the precise and lasting definition of outer space. It expressed the view that the definition of outer space, on whatever basis recommended, was likely to have important implications for the operational aspects of space research and exploration, that consideration of the matter should therefore be continued at future sessions, and that Member States should be invited to submit further relevant material for the Sub-Committee's consideration. With regard to international sounding rocket facilities, the Sub-Committee recommended that the United Nations continue to grant sponsorship to the Thumba Equatorial Rocket Launching Station in India, and took note of the work already accomplished by the Government of Argentina in using its own sounding rocket launching facility at Mar del Plata for international co-operation and training in the peaceful scientific exploration of outer space. The Sub-Committee also recommended that a small group of scientists familiar with space research and facilities visit the station in Argentina when it was operative to advise the Committee on its eligibility for United Nations sponsorship. The Sub-Committee also decided to THE PEACEFUL USES OF OUTER SPACE 37 consider, at its next session, the question of criteria which should be satisfied prior to recommending sponsorship of international sounding rocket ranges. The Sub-Committee congratulated the Government of India for its experimental study on satellite communications and noted with appreciation that the experimental satellite communications earth station at Ahmedabad, India, was operational and would be utilized for training and research by both Indian and other nationals. The Sub-Committee also had before it the reports submitted by the International Telecommunication Union (ITU) and the World Meteorological Organization (WMO). The Sub- Committee took note of these two reports and, in particular, expressed appreciation for the World Weather Watch plan, which was considered to be an excellent demonstration of the practical benefits which could be derived from the peaceful uses of outer space; it hoped that Member States would do their utmost to ensure the plan's early implementation. The Sub-Committee also adopted recommendations concerning exchange of information, and education and training. The Sub-Committee took note of proposals submitted by Austria, Iran and the United Arab Republic on the desirability of enlarging the "personnel, budget and power" of the Outer Space Affairs Group of the United Nations Secretariat, and of the proposal of Iran on the desirability of establishing a specialized agency to deal with outer space activities. The Sub- Committee did not reach a consensus on these two proposals, but decided to keep them under review at future sessions. The Sub-Committee's various recommendations were later considered at the tenth session of the Committee on the Peaceful Uses of Outer Space, which was held at United Nations Headquarters, New York, from 13 to 15 September The Committee endorsed the report of the Scientific and Technical Sub-Committee, which was annexed to the Committee's report to the General Assembly. The Committee also took note with appreciation of the report of the Working Group on